Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6799 of 2024 Arising Out of PS. Case No.-1061 Year-2023 Thana- SONEPUR District- Saran ====================================================== Rajnish Kumar S/o Ram Naresh Mishra R/o Vill - Loma, P.S. - Rajapakar. Dist. - Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hansraj, Advocate For the Informant :

Mr.Shashi Saurabh, Advocate :

Ms.Puja Kumari, Advocate For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner, learned counsel for the informant, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Sonpur P.S. case No. 1061 of 2023 instituted for the offences under Sections 341, 342, 290, 370A, 371, 376 and 120B of the Indian Penal Code and Sections 3, 4, 5, 6, 7 and 9 of the I.T.P. Act.

3. Prosecution case, in short, is that, on the alleged date and time, the police raided the hotel Salt and caught this petitioner who disclosed that he runs the business of prostitution

Patna High Court CR. MISC. No.6799 of 2024(4) dt.08-05-2024 2/3 after alluring girls for the sake of money. It is further alleged that one girl (victim) was also recovered from the said hotel.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that victim in her statement recorded under Section 164 of the Cr.P.C. has not whispered anything against this petitioner and, therefore, learned counsel contended that the petitioner is innocent and allegations levelled against him are false and concocted. He further submitted that there is no allegation of committing rape against this petitioner. Learned counsel further submitted that the alleged hotel does not belong to this petitioner nor the petitioner works as a Manager in the hotel. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.11.2023 and has no criminal antecedent.

5. On the other hand, learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for grant of bail to the petitioner and submitted that during course of raid police recovered the victim who narrated the story that this petitioner runs the business of prostitution. Learned counsel for the informant further submitted that on

Patna High Court CR. MISC. No.6799 of 2024(4) dt.08-05-2024 3/3 search, various objectionable articles/material was recovered from the said hotel. Learned counsel for the informant further referring to para-8 and 9 of the case diary submitted that several witnesses have supported the prosecution version and, therefore, the petitioner does not deserve the privilege of bail.

6. Having considered the facts and circumstances of the case and material placed on record, nature and gravity of offence, this Court is not inclined to grant bail to the petitioner.

7. Prayer is rejected.

8. Learned trial Court is directed to expedite the trial. (Rudra Prakash Mishra, J) Alok Verma/- U T